690 S.E.2d 861
A08A0210Court of Appeals of Georgia, Fourth Division.
DECIDED: JANUARY 7, 2010
MIKELL, Judge.
In Cendant Mobility Financial Corp. v. Asuamah, [1] the Supreme Court reversed Division 4 (b) of our decision i Asuamah v. Haley, [2] in which we held that the trial court erred in granting summary judgment to Cendant, the non-builder/seller, on the plaintiff/purchaser’s claim of negligent repairs.[3] In reversing, the Supreme Court concluded that
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the “negligent construction” exception to caveat emptor exempts from the defense of caveat emptor only a negligence claim by a homeowner seeking recovery against the builder/seller of the home for latent building construction defects about which the purchaser/homeowner did not know and in the exercise of ordinary care would not have discovered, which defects either were known to the builder/seller or in the exercise of ordinary care would have been discovered by the builder/seller. Inasmuch as Cendant is not a builder/seller of the dwelling purchased by Asuamah, the trial court did not err when it granted summary judgment to Cendant.[4]
Accordingly, we vacate Division 4 (b) of our opinion, adopt the judgment of the Supreme Court as our own, and affirm the judgment of the trial court. Divisions 1 through 4 (a) and Division 5 of our opinion were not affected by the Supreme Court’s decision and thus remain in effect.[5]
Judgment affirmed. Smith, P. J., and Adams, J., concur.
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